Show FOURTH DAY OF 01 THE TRIAL borel appears to be quite unconcerned MUCH interesting TESTIMONY the attorney attorneys do not seem very affectionate towards bards each other allison gets out unexpected evidence the hearing of the borel murder case was resumed before judge miner promptly I 1 y at 10 yesterday morning the defense offered the deposition of 1 I 0 O bachelder a hotelman of california which set out that on november the gentle gentleman an had found borel in room 64 54 of arthe lie grand hotel tulare california with the gas turned on and all means of ventilation closed borel was lying on hie his back on t the I 1 is bed with bis his eyes open when asked if be he was all albright right the defendant said be he was but refused to answer any other question 9 his mental condition seemed peculiar D deputy e pu ty 1 marshal AV F gill was called I 1 ha have a k known borel four or five r months have seen him many times I 1 saw him hini on saturday february he be was walkin walking around the lobby of the utah loan ang and trust company building he lie wanted to eo before the grand lury jury which was then in in session fits hi manner was peculiar pecullar end and he a appeared p pe ared to be very uneasy and irritable li lie a d did adnot not open his mouth when talking but talked through Ms teeth in my 0 opinion pin it he was laboring under some reat mental 0 excitement I 1 cross examination in my conversation with borel the latter said lie wanted to go before the grand jury but i 1 told him the they were busy and ret referred erred him film to mr at alason I 1 he said he had already seen allison and he was no good that I 1 lied led and could bother the grand jury if afi I 1 wanted to that we all stood in together and that he guessed he lie would have to do domett something ing himself if others would not help him he lie wanted lewis arrested because he lie bad had his money his great object seemed to be to net icet his jils it money ioney although lie was very angry bis his conversation was perfectly rajani ti orial i es L L loar r w was ta ho i e z next t w witness t e ss sworn r n aes ues s I 1 have known 0 was bo borel r e 1 since aex ae 0 jjr february br u I 1 saw him once on the date data named lie he came to my orice and staved d balfan half an hour talking over tits case cases be told d hie his story from front fl 11 ret rat to last and asked iff if I 1 could get his money motley on oil the day following lie the building again and and a again gain talked over the case I 1 told him to wait until monday and then wen went tint into 0 court when I 1 returned returned to my office the defendant was again there pacing epand up and down the corridor his tits wal walk and an manner were peculiar his eyes looked large and dilated the expression was peculiar old and dead like in my opinion his mental condition was not right it mr r allison will you please tell me the difference between the eye of an old and young man W cs sWe we have all observed thattie that alie aged persons eyes are more dead looking and slid lack that express expression 0 n of life and youth allison look around this court room here ar are e boung middle aged ged and old men a and lid tell me the difference eil e IL between theli their eyes look at colonel sullivan there how ilow do his bis eyes differ from th those ose of a youn younger brinan crinan man 1 jhuge judge chodes corido yon do not mean to intimate t that hat colonel sullivan Is an old man lauchter half an hour boar was consumed ina in a study of e eyes yes continuing in response to inquiries I 1 from mr allison the witness said i hie defendants eyes lacked intelligence and to him betokened a diseased mind J 8 sullivan one of the grand jurors who found the indictment against borel bore was sworn and eald said t I 1 saw borel on saturday february the grand jury had bad lust just adjourned tind the jurors were stand ing ng around when boref borel came in I 1 asked I 1 him ant what he be wanted and he mumbled so which I 1 was unable to make out his manner seemed peculiar I 1 did not know whether he lie had been drinking or not ills his manner was an afterward erward commented upon by several jurors 0 L strevell stir veil was the next witness I 1 was a member of the grand jury which indicted borel and after the jury had adjourned on saturday borel came into the room but as I 1 did not like his looks I 1 ale stepped back into the main jury room and to told colonel sullivan a man was in the anteroom and had lad something to say the defendants face was not pleasant to look upon being red and scowling 10 snyder was called and sworn I 1 have known known borel for several months as he made the city jail his home from the time I 1 the he lewis case came up until february mth milt during all that lime time he was wa q v very des despondent ponde nt and bis his manner was peculiar this was more noticeable after two men w were e r a bunched and got their money back this latter event occurred ll 11 about bout ten days before the shoo shooting ling when borel was notified that lewis had bad settled his case his manners became even more noticeable than before he lie became very moody and refused to talk of anything except his money noney and even of that very infrequently on occasions he wished ho lie wee as Is hs big money motley for which he be had me labored all his life had been etolen stolen in a few moments momen tsi his appetite was poor ond and irregular some nights he lie rested we well but at ot other ier denies times he lie was restless and tossed in fit his sleep from what I 1 have seen of him during his tits stay at the jail I 1 would fay ra that the ninn wan had lost lile fits wind the he witness was subjected to a rigid cross examination as to his construction of the tile phrase lost his mind mr allison what were his actions other than that he was melancholy which indicated that he wae was insane witness I 1 judee judge from his general actions and arid his peculiar looks william T greenwell told of having seen borel on saturday febba february uary in the utah loan trust t cm company pany building the defendant had a peculiar starina look in his eyes in ili the opinion of the witness dorel borel was either crazy of or going ing era crazy zy mr allison what I 1 s th the 71 difference affer ence between a crazy person and arid one juat just going fraz aft witness the defendants eyes were bloodshot and glassy he lie appeared to be flassa v very e despondent oil and as if he were lu dream joseph baxter was the last witness put on the stand before the noon recess I 1 am ara city jailor of ogden city have known borel for aar three or lour four months he lie came to the city jail jail on november 28 1832 1892 1 I was in informed formet that he lie had been robbed was a sucker so to ak subs subsequently bently a con com plaint was ill filed se a against georget lewis charged with gambling ling when the lewis rase case was tried tm commissioner bishop fined lewis 50 i ule the case ase was appealed and borel still remained at the jail ns as a witness during his stay there I 1 talked tallied with iliin him a number of times and although altho oab be was ver very reticent I 1 finally succeeded succeed edin in setting etting ty the go story of his alleged wrongs he sat still most of the time when he was in fit the jail looking into space e he lie seemed to be brooding over some something sti i 1 n ei hu but seldom talked of his personal matters he e usually answered questions put to him in monosyllables at nights lie was sometimes very restless I 1 at one time becom he complained 1914 pains in bie his head and nd had a prescription prescript t on filled by PT prAda A danis mg I 1 told him once that if he did not riot keep close to the jail ti the i e lewis gang ganir r might MCA kian kidnap him be he once told me of baa having ng ecail lewis lewis and requested his old old by lewis that that the man who had h afi a moil money ley wa wat in texas after the settlement of the lewis case borel ber becaro stin a very me melancholy I 1 and restless he told me no on 04 batur I 1 dar day february auth t that hat he had seen been mr fr at allison I 1 son and as asked d 1 m to lie help L g get the losi t money back and eaid aid Q G d everybody ve b d y me no get my money ey everybody erb tvr get money 0 ney roe me no get e I 1 mine in liter in n the day 7 b be e was ilg ne ear in my desk with hi Is head reeling upon it and s said 0 d I 1 wish OV I 1 was dead ad I 1 dont want twant to kill myself ant I 1 w wish at some one would kill me I 1 told bini him I 1 would kill him and nad he nicil sa said d all right the r witness then went into luto details subsequent 1 to the killing of lewis and arid continuing dauen sauen tin ng said 1 I think he must have been era crazy or he would not have wanted to kill himself he lie has never mentioned the killing of lewis to me nor have I 1 ever heard him film talk of it from all that I 1 saw of borel up to the time of kill ing I 1 think he was a little off mentally cross examination I 1 do not know whether the fine taxed against lewis was ever paid or not but suppose such was wits llie the case the last week borel was waa at the jail he lie was a great deal more restless than before in my 0 opinion anlon every ever person who commits buie suicide ase or who attempts to co commit ni suicide is insane at least temporarily I 1 think statistics will bear me out in the statement borelle general deportment and action actions led me to believe that be he was mentally deranged which condition was probably brought on by brooding over the loss of hie money the kossof loss of mone money af fe CIS som a deop people e that t way redirect re ite direct the defendants habits were always temperate and I 1 have never known him to take a drink of liquor court then took a recess until 2 on resuming in the afternoon oon william A brown police officer testified I 1 know defendant saw him saturday the day before the shooting it in tale trust building aboud abouel it OclO pk court was in session at the time end and so was the grand jury I 1 was waiting as a witness defendant did not converse with any body but was walking up and down with his hand handi in his bis pockets and occasionally rubbing his head he looked det despondent ident from front what I 1 saw bawol of at that time I 1 thought him about crazy cross examination the tho witness had seen sane men weft walk with their hands in their pockets scratch their he heads and look despondent but would not call them crazy there were other things such as a wild or peculiar expression difficult to explain which aided him jilin in forming his opinion opi nio tho the defense objected to the method ethod in of cross examination and J andge ago I 1 rhodes h 0 d e s cal called led the attention of the court f fo 0 t the h e 1 lf fact act that the prose prosecuting enting attorney was standing up in a pugilistic attitude and the witness air mr achison 4 I 1 son you look more like 4 prize fighter van I 1 ido do mr air rhodes you look like lightweight to 1110 time was called and mr rhodes asked that the prosecuting attorney be corded to take his seat oh IOU I 1 think not replied judge miner quite frequently the rule of the courtis court is that an attorney shall eland stand counsil may by proceed ocee d 11 lexe reuben n learn was called called lie ile said laid I 1 am a police officer am acquainted with borel first met him when he be came back from california in november saw him nearly every day lay after that sometimes at the eil jail sometimes on the street about a wee beeb before the alro shooting ting I 1 began to notice a change in ill alis 1 11 1 A appearance p pe arance he be seemed to gro grow w reticent less talkative wished he wai was dead and became restless two days before tho shooting 1 I met meth him litt and spoke oke to him he turned gave me a look but ut never answered this occurred a it second time e ri my opinion ie Is that he was ou out t of his head le d cross examination in talking with him about the loss of his money he lie seemed to wider understand stand all I 1 said and his lils conversation was intelligent my opinion of his mental ia is ml formed ormed mainly from hie appearance never heard borel threaten violence to lewis i ewis 11 0 hansen II aisen police officer I 1 conversed with borel in november he stated he had 10 lost st some money in town bat but did not answer my questions as to the location saw him jilin frequently after that until the shoo shootings never albed to alm about his tits trouble never saw him drink intoxicants I 1 after becoming acquainted with us its he be seemed scorned to grow a little nore inore cheerful his appearance shortly before the killing however changed lie became distan tana seldom poke spoke unless spoken to he carried his head bead down and seemed an altogether changed man but I 1 cannot give an opan opinion as to his sanity samuel drozdowicz Droz dowitz was called and festl testified to seeing borel sitting bitting at the police sta citation tion with his head doar 11 T snyder was recalled re called and cross ex I 1 believed borel insane yet permitted him the freedom odthe of the lait jail thinking he would never harm anyone but him bair win Wm Marchant testified I 1 ran a lunch room on twenty fifth near the chapman house was a deputy sheriff in gunnison Oun nison colo Oo coloin loin to 1880 only had two criminals to look after have known prenthy Pren Fren chy chyll borel at my lunch stand he lie ate breakfast on oil the day of the shooting never had bad much conversation with him he lie was reticent and arid quiet during th the week weak before the shooting I 1 saw a change he would press his head I 1 would ask him about bis his headache and told him about cold water and mustard plasters and he replied not that kind ofa of a headache r wish I 1 was dead on wednesday before the shooting he asked me to kill him offered me 5 to do doit it he pave gave it to me I 1 said where is your gun he pulled it out of his breast and offered it to me I 1 told him then I 1 was not in that hat und and of a bubines bu bil sines siness ani and began to think ho he was a fellow it was best not to monkey other times he would say the fop top of bis his head was pressing down on jilin he lie eat and cold sweat was noticed on his its forehead at other times he lie bad lad a vacant tare stare ive seen ft it calls head thrown out of a slaughter house and three days after if you 0 went up to it it would at you thy a alu about the way be he looked on sunda bunday morning he said he would no not t be on ea earth ty I 1 tomorrow ho lie took some coffee and a dough the vetna veins of his neck nock were wor working in g U up and down and he was as swallowing when hp i ho be had nothing in his mouth to swallow hectic flushes appeared but his face was otherwise livid he was pressing res s his head his e eyes yes were glassy glass y alarin gearing and wild he lie sa said id he did not sleep any that I 1 night t and would never sleep an any y more h his a ays lips were quivering swea sweat running ing down his is face bo be was gulping g I 1 formed formed the opinion that he a was labo laboring ri ng under great distress of mind and was fast weakening cross examination borel did not act as an insane man during his visits at my place but as one laboring under great mental distress he lie knew what I 1 was talking about when I 1 offe offered reff remedies for his headache mr allison reviewed the conversation between the witness and defendant with the view of showing that borelle answers were intelligent and he know and comprehended all that was said paid to him james kirk was called and testified I 1 am in the lunch stand noss knew defendant ferni ant asT have known him for three months by his batine at our stand as often as one to three times a d day I 1 only on one occasion he told me 0 of f af his its |